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<br />10.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors <br />and assigns will comply with all local, state and federal laws. <br /> <br />10.10 The City of San Marcos is governed by the Texas Public Information Act ( the "Act"), <br />Chapter 552 ofthe Texas Government Code. This Agreement and all written information generated <br />under this agreement may be subject to release under the Act. The Engineer shall not make any <br />reports, information, data, etc. generated under this Agreement available to any individual or <br />organization without the written approval of the City. <br /> <br />ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br /> <br />11.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns <br />and legal representatives to the other party to this Agreement and to the partners, successors, assigns <br />and legal representatives of such other party with respect to all covenants of this Agreement. The <br />City and the Engineer will not assign, sublet or transfer any interest in this Agreement without the <br />written consent of the other. <br /> <br />ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement represents the entire and integrated Agreement between the City and the <br />Engineer and supersedes all prior negotiations, representations or agreements either written or oral. <br />The Engineer's expenses for travel, office, production and other expenses associated directly or <br />indirectly with this Agreement are included as part of the total fee. Except as to a change in the <br />scope of services, the compensation for which does not exceed $15,000, this Agreement may be <br />amended only by separate written instrument approved by the City's governing body and signed by <br />both the City and Engineer. <br /> <br />12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />12.3 In the event of any conflict between the Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br /> <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br /> <br />13.1 The City will compensate the Engineer, in accordance with Article 5, Payments to the <br />Engineer, and the other terms and conditions of this Agreement, as follows: <br /> <br />13.2 The total fee to be oaid to En~ineer for Basic Services and Soecial Services as described in <br />Sections 1.1 throu~ 1.5 will be based on hourlv rates as described in Section 5.1. The total of all <br />fees charged by the Engineer will not exceed $148,000.00. This compensation is divided among the <br />Basic Services tasks, Reimbursable expenses and Special Services as follows: <br /> <br />TASK 1 - UPRATING EVALUATION <br /> <br />$16,220.00 <br /> <br />AlanPlummer.wpd <br /> <br />15 <br />